Prison and future Alimony

I called the police on my husband for shooting up a few rooms in our house with his BB gun and then he got his pellet gun out. I called the police, after a police officer arrived at our house, I motioned the officer to where I was waiting on the front porch, my husband shot his shotgun outside off the back deck. Back up was called and he was arrested for assault w/deadly weapon/law enforcement officer. (He was very drunk)
My question is…if he is sent to prison, can I file for alimony when he is released from prison? He has a great job but of course will lose it until he is released and goes back to work. I am the dependent spouse with a disability.

Yes, you can still file for alimony if you are the dependent spouse and he is and has been the supporting spouse. The issue for the judge will be whether or not he has the ability to pay.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

1 Like